Pilot Tango Terms and Conditions:
General Terms and Conditions of Pilotage and other Services.
1.1. This is a statement of the terms and conditions according to which (PILOT
TANGO) – hereinafter referred to as PT – will perform Pilotage and subsequent
1.2. These terms and conditions apply to all offers, quotations, orders, agreements,
services and all subsequent contracts of whatever nature, except where otherwise is
expressly agreed in writing by PT.
1.3. General trading conditions of another party will not apply, unless expressly
accepted in writing by PT
1.4. In case, for whatever reason, one or more of the (sub) clauses of these general
conditions are invalid, the other (sub) clauses hereof will remain valid and are
binding upon the parties.
2.1. Throughout this document the following definitions apply:
2.2. “Client” means the Vessel serviced and jointly and severally her master, owner,
managers / Operators, port agents or disponing owners or any other party requesting
offers or quotation for or ordering Services and any party on whose behalf the said
offers, quotations, orders and subsequent agreements or contracts have been made.
“Owner” means the registered Owner or Bareboat Charterer of the Vessel; and
“Services” means all services contracted between any Client and PT whereby pilots
employed by PT perform or are to perform piloting for such Vessel or Vessels.
“Vessel” means the vessel, ship, barge or floating unit that receives the Services.
3. OFFERS, QUOTATIONS AND PRICES
3.1. All agreements for Services are only binding on PT upon its written confirmation
3.2. All prices and all tariffs are exclusive of VAT and are quoted in Danish Kroner
(DKK) unless otherwise specifically stated.
2 3.3. If the party requesting the Services is not the Owner of the Vessel, PT is
entitled to insist, as a precondition of rendering the agreed Services, that a payment
guaranty is provided by the Owner. PT has the right to cancel any agreement with
the party requesting such Services if the payment guaranty is not received upon PT
request to the Owner.
3.4. The party ordering the Services has no legal right of cancellation of such
4.1. The time of rendering the Services as confirmed by PT in advance, has been
provided as an approximate time, unless otherwise specifically agreed in writing
between the Client and PT
4.2. The time of delivery of the Services will only be binding upon PT when all
information, necessary for PT to comply with its obligations hereunder, has been
properly delivered to PT in reasonable time before rendering such Services.
4.3. The Client shall ensure that the Vessel provides a free and safely accessible
embarkation and Disembarkation for the pilot(s) and other personnel providing the
Services on behalf of PT and that all appropriate assistance is rendered in
4A.1. The time of cancellation must be no later than 6 hours prior to latest Estimated
Time of Arrival (ETA) given by vessel and/or Owners/Agent. Notice of cancellation
given later will be considered as “No Show” and full Pilotage Costs will apply.
4A.2. Final notice given by vessel 6 hours prior to arrival, is considered as final time
of arrival to the Pilot Station. Should the vessel arrive later than 4 hours from this
given ETA the Pilotage is considered as “No Show” and full Pilotage Costs will apply
and new Request for Pilotage must be sent.
5.1. Payment must be made in full without set-off, counterclaim or deduction, free of
bank charges to the bank account indicated by PT on the respective invoice(s) or as
otherwise directed by PT.
5.2. Any delay in payment entitles PT to interest at presently the rate of 2 (two)
percent per month or any part thereof without prejudice to any other rights or
remedies available to PT. PT furthermore holds the right to refuse Services to any
party with delayed payment and/or to restrict future payment period and Terms.
6.1. Complaints concerning the Services must be submitted to PT in writing as soon
as possible and in no event later than 15 (fifteen) days after such Services being
performed or being due for performance failing which the right to complain or claim
compensation of whatever nature are deemed to have been waived and barred for
6.2. The Client shall make payment in full and fulfill all other obligations in
accordance with the Terms hereof, whether or not they have any claims or
7. LIABILITY OF PT AND LIMITATION THEREOF
7.1. PT is liable under the provisions of Danish law concerning compensation for
errors and Negligence by its employees (and/or subcontractors) of Services, it being
noted that for all pilotage undertaken by PT such Services are granted only as
professional advice by the pilot in question to the master of the Vessel. Accordingly,
the master of the vessel will at all times remain in command thereof and remain
responsible for such Vessel.
7.2. Should PT be held liable according to clause 7.1 above, PT has no liability for
indirect loss of Any kind, loss of profits, loss suffered by third parties or any
consequential loss or losses. Moreover, for any specific task of Services rendered or
to be rendered, the total liability of PT and/or its pilot(s) or other personnel will in no
event exceed an amount equal to 25 times the fee paid or payable to PT for
rendering such Services or a total amount of DKK 5.000.000, – whatever thereof
being the lesser sum.
7.3. No pilot or other employee of PT or agents (including independent (sub)
contractors from time to time employed by PT) is liable to the Client for loss, damage
or delay, while acting in the course of or in connection with its employment and/or
agency for PT. Without prejudice to the above, every exemption, limitation, condition
and liberty herein contained and every right, exemption from liability, defense or
immunity of whatever nature applicable to PT or to which it is entitled hereunder will
also be available and will extend to protect every such pilot or other employee,
servants, representative or agent of PT acting as aforesaid.
8. LIABILITY OF CLIENT – HOLD HARMLESS
8.1. The Client is liable towards PT and herewith undertakes to indemnify PT for any
damages and /or costs suffered or otherwise incurred on PT due to a breach of
contract and/or fault or negligence of the Client, its agent, servants, (sub)
contractors, representatives, employees and the officers, crews and/or other people
whether or not onboard the respective Vessel(s). The Client furthermore undertakes
to hold PT harmless in case any third-party institutes a claim of whatever nature
against PT with direct or indirect relation to any agreement regulated by these terms
and conditions. Third party means any other (physical or legal) person/company than
9. FORCE MAJEURE
9.1. PT is not responsible for any loss, damage, delay or failure in performance of
Services resulting from the perils of the sea or any other act of God, or the place for
performing the Services being affected by war, civil commotion, riot, quarantine,
strike, stoppage, lockout, arrest, restraint of princes, rulers and people, or any other
event, whatsoever which cannot be avoided or guided against the exercise of due
10. LAW AND JURISDICTION
10.1. For all Services performed or to be performed, the laws of Denmark apply and
all disputes Arising out of or in connection with such Services are subject to the
jurisdiction of the Maritime and Commercial Court in Copenhagen (Sø- og
Handelsretten i København).
10.2 Notwithstanding the foregoing, it is further agreed for the sole benefit of PT that
PT has the right to proceed against the Client or any third party or the Vessel in such
jurisdiction as PT in its sole discretion deems fit inter alia for the purpose of securing
payment of any amount to PT from the Client or the Owner (pursuant to a payment
guaranty). In such circumstances the proceedings are governed by the law
(substantive and procedural) of such jurisdiction